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august 2006

Supreme Court of India · 2006-08-18

Dyaneshwar Ramachandra Rao Patange vs Bhagirathibai

Citation / case number
AIRONLINE 2006 SC 297
Court
Supreme Court of India
Petitioner
Dyaneshwar Ramachandra Rao Patange
Respondent
Bhagirathibai
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's decision allowing the respondent's appeal for specific performance of a contract under Section 10 of the Specific Relief Act, 1963. The Court found that the plaintiff, as a legal heir of the original agreement holder, was competent to file the suit, and that the execution of the agreement was admitted by the defendant, thus invalidating the appellate court's contrary findings. The judgment of the first appellate court was set aside, restoring the trial court's decree in favor of the plaintiff.

Dyaneshwar Ramachandra Rao Patange vs Bhagirathibai · Niyam